Summary: We will not investigate this complaint that the Council will not instruct the complainant’s neighbour to prune some trees. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms X, complains the Council will not tell her neighbour to prune some trees. Ms X wants her neighbour to reduce the height to two metres.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Ms X and the Council. I also considered the Ombudsman’s Assessment Code and comments Ms X made in reply to a draft of this decision.

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My assessment

4. People can use the high hedge legislation if they have a problem with high hedges. The legislation only applies to evergreen and semi-green trees. There is a set procedure the person must follow and the law says they must first try to resolve the matter with the owner of the hedge.
5. Ms X asked the Council to instruct her neighbour to prune some trees. Ms X says she used the high hedge legislation. The Council says Ms X did not make an application under the high hedge legislation. Ms X says the trees are 12 foot high and restrict the sunlight in her garden.
6. The Council inspected the trees and said it could not take any action because they are well maintained. The Council can only take action regarding trees on private land if they are dangerous. The Council told Ms X it cannot intervene in neighbour disputes and people are allowed to plant trees in their gardens.
7. A tree officer carried out a further inspection. He established that the trees/hedge are not covered by the high hedge legislation. He found there is very little overhang into Ms X’s garden and the Council does not prune trees due to issues with sunlight. The Council confirmed it will not ask the neighbour to prune the hedge.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. A tree officer inspected the hedge and decided no work is needed. It is not fault for the Council to follow the recommendations of a qualified tree officer. In addition, the officer has confirmed the hedge is not made up of the type of tree that is covered by the high hedge legislation. We are not an appeal body, or tree officers, and we have no power to ask the neighbour to prune the hedge or to ask the Council to take further action when that would be contrary to the findings of its tree officer.

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Final decision

9. I will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman